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UNITED STATES v. TIMBERLAKE

No. 76-2478.

559 F.2d 1375 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Edward Lee TIMBERLAKE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 3, 1977.

Attorney(s) appearing for the Case

J. Hue Henry, Athens, Ga., for defendant-appellant.

William L. Harper, U. S. Atty., Robert H. McKnight, Jr., Asst. U. S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before WISDOM, SIMPSON and TJOFLAT, Circuit Judges.

SIMPSON, Circuit Judge:

Edward Lee Timberlake was charged in a four count indictment with three counts (Counts II, III, and IV) of distribution of cocaine, a Schedule II controlled substance, in violation of Title 21, U.S.Code § 841(a)(1), and one count (Count I) of conspiracy to possess with intent to distribute cocaine, in violation of Title 21, U.S.Code § 846. The conspiracy count charged one overt act, a sale...

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